NATIONAL INSURANCE COMPANY LTD Vs. SHIVRUDRASWAMY

JUDGEMENT

(1.) These appeals are arising out of MVC No.13/2011 and MVC No.14/2011, preferred by the National Insurance Company Limited.

(2.) The incident that gave rise to initiate proceedings is that on 15.12010, the petitioner along with his wife Rajeswari, daughter Pallavi and other relatives were going from Malavalli to M.M. Hills to have darshan of Lord Mahadeshwara in Tata Sumo bearing registration No.KA-25-D-6373. It was driven in a rash and negligent manner. At about 3.25 p.m. near Konanakere at Thalabetta in Marimadu curve of M.M. Hills, a Udayaranga bus bearing Registration No.KA-55- 5999 driven by its driver with high speed in a rash and negligent manner, dashed against the car because of which the inmates Rajeshwari, Pallavi, Bhagyamma, Jagadeesha and the driver of Tata Sumo died in the spot and the petitioner suffered grievous injuries on his face, head, legs and other parts of the body. He was admitted to hospital at Mysore. Therefore, he was shifted to CSI Holdsworth Memorial Hospital, it reveals that he sustained fracture of ribs and other injuries.

(3.) The claimant in MVC No.13/2011 is one Shivarudraswamy, the husband of Rajeswari and the claimants in MVC No.14/2011 are Bhoopal Rao and K.S. Shivanandamurthy - the sons of the deceased Bhagyamma. Thus, out of five persons who died, the claim petitions are preferred in respect of two persons as stated above. The respondents are owner Abhishek and the National Insurance Company Limited.